Search result: 47 articles

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Year 2017 x
Article

Alternative Forms of Regulation: Are They Really ‘Better’ Regulation?

A Case Study of the European Standardization Process

Journal European Journal of Law Reform, Issue 1-2 2017
Keywords Better Regulation, co-regulation, standardization, judicial review
Authors Mariolina Eliantonio
AbstractAuthor's information

    One of the commitments of the Better Regulation Package is to consider ‘both regulatory and well-designed non-regulatory means’. Such mechanisms include co-regulation, i.e. administrative processes which involve the participation of private parties, such as the social partners or the standardization bodies, as (co-)decision makers. While the involvement of private parties in European Union (EU) administrative governance has the clear advantage of delivering policies which are based on the expertise of the regulatees themselves, private-party rule-making raises significant concerns in terms of its legitimacy. This article aims to discuss the gaps of judicial protection which exist in co-regulation mechanisms, by taking the case study of the standardization process. After an introduction to the issue of co-regulation and the rationale for the involvement of private parties in EU administrative governance, the standardization process will be examined and the mechanisms of judicial supervision will be reviewed in order to establish the possible gaps of judicial protection.


Mariolina Eliantonio
Dr. M. Eliantonio is an associate professor of European Administrative Law at the Law Faculty of Maastricht University, The Netherlands.
Article

An Enabler or a Barrier?

“NewSpace” and Japan’s Two National Space Acts of 2016

Journal International Institute of Space Law, Issue 4 2017
Authors Setsuko Aoki
Author's information

Setsuko Aoki
Professor of Law, Keio University Law School, Japan, saoki@ls.keio.ac.jp.
Article

The Indonesian Space Act

Pristine Entrant in the Asia-Pacific Region

Journal International Institute of Space Law, Issue 4 2017
Authors Kumar Abhijeet
Author's information

Kumar Abhijeet
Doctoral candidate, Institute of Air and Space Law, University of Cologne, Assistant Professor, National Law School of India University, Bangalore, kumarabhijeet@nls.ac.in.

Jean-François Mayence
Belgian Federal Science Policy Office (BELSPO), Belgium, maye@belspo.be.
Article

Access_open Belgium and Democratic Constitution-Making: Prospects for the Future?

Journal Netherlands Journal of Legal Philosophy, Issue 1 2017
Keywords constitutional change, democracy, participation, Belgium
Authors Ronald Van Crombrugge
Abstract

    How constitutions are changed – and more importantly: how they should be changed – is the subject of ongoing debate. There seems to be a growing consensus, however, that in order for a constitution to be considered legitimate it is required that it was created through a democratic process. This growing consensus stands in sharp contrast with the Belgian experience of constitutional change as an essentially elite-led process that takes place behind closed doors. This article seeks to explore the possibilities for more democratic forms of constitutional change in Belgium. It does so by evaluating and comparing two examples of democratic constitution-making, namely the constitution-making processes In South Africa (1996) and Iceland (2012). On the basis of these two examples, several concrete suggestions will be made, which are not only relevant for the Belgian case but can be applied more broadly to other countries as well.


Ronald Van Crombrugge
Article

Space Traffic Management

Top Priority for Safety Operations

Journal International Institute of Space Law, Issue 1 2017
Authors Claudiu Mihai Taiatu
Author's information

Claudiu Mihai Taiatu
Adv. LL.M. in Air and Space Law, Leiden University

Huxiao Yang
Civil Aviation University of China

Chang Dai
Leiden University
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